Curry v. State

15 Citing cases

  1. McClaskey v. Jiffy Lube, Inc.

    197 Ga. App. 537 (Ga. Ct. App. 1990)   Cited 13 times

    An appeal in which a consideration of the enumeration of errors is dependent upon a consideration of the evidence heard by the trial court will be affirmed if a transcript is not included as a part of the appellate record. Curry v. State, 148 Ga. App. 59 ( 251 S.E.2d 86) (1978). The party asserting error has a duty to show it by the record.

  2. Morris v. Clark

    189 Ga. App. 228 (Ga. Ct. App. 1988)   Cited 5 times

    Thus it does not establish that he was without authority to sign the order to conclude the matter he earlier presided over. We start with "a presumption, in the absence of a showing to the contrary, that a public official, including a trial judge, performed faithfully and lawfully the duties devolving upon him by law. [Cit.]" Curry v. State, 148 Ga. App. 59 ( 251 S.E.2d 86) (1978). With that in mind, we look at the particular law involved.

  3. Shirley v. State

    188 Ga. App. 357 (Ga. Ct. App. 1988)   Cited 26 times
    Explaining that “the basis for permitting an out-of-time appeal must have rested upon an issue of constitutional dimension concerning the appeal itself, such as ineffective assistance of counsel resulting from failure to file a timely appeal or counsel's abandoning an appeal desired by defendant, or failure to advise defendant of his right to appeal”

    An early example demonstrating this expedited process is Cunningham v. State, 232 Ga. 416 ( 207 S.E.2d 48) (1974), which, on certiorari from our dismissal of an appeal, required that the procedurally defective appeal be considered by this court because the abortive attempt to appeal by retained counsel denied defendant due process and equal protection of the law. For other examples, see Gaylor v. State, 247 Ga. 759 ( 279 S.E.2d 207) (1981); Cochran v. State, 253 Ga. 10 ( 315 S.E.2d 653) (1984); Curry v. State, 148 Ga. App. 59 ( 251 S.E.2d 86) (1978); Mobley v. State, 162 Ga. App. 23 (1) ( 288 S.E.2d 702) (1982); Cannon v. State, 175 Ga. App. 741 ( 334 S.E.2d 342) (1985); Moore v. State, 176 Ga. App. 882 ( 339 S.E.2d 271) (1985); Conway v. State, 183 Ga. App. 573 ( 359 S.E.2d 438) (1987). Nevertheless, whether by way of habeas corpus or a more direct approach, the basis for permitting an out-of-time appeal must have rested upon an issue of constitutional dimension concerning the appeal itself, such as ineffective assistance of counsel resulting from failure to file a timely appeal or counsel's abandoning an appeal desired by defendant, or failure to advise defendant of his right to appeal. Contra, see Mitchell v. State, 157 Ga. App. 181 (1) ( 276 S.E.2d 864) (1981) [resting upon the principle of judicial economy]; Johnson v. State, 182 Ga. App. 477 (1) ( 356 S.E.2d 101) (1987) [stating that a constitutional issue was unnecessary but finding defendant was deprived of right to appeal through ineffective assi

  4. Graham v. Newsome

    174 Ga. App. 351 (Ga. Ct. App. 1985)   Cited 4 times

    Since no transcript has been filed, we must affirm. Curry v. State, 148 Ga. App. 59 ( 251 S.E.2d 86) (1978). 7. Finally, Graham argues that the trial court erred in granting defendants' motion for costs against him.

  5. Prince v. State

    315 S.E.2d 674 (Ga. Ct. App. 1984)

    There is no transcript of the trial in this case, and we cannot consider enumerations of error based on evidence presented at trial and the procedures followed at trial absent a transcript. Curry v. State, 148 Ga. App. 59 ( 251 S.E.2d 86) (1978). However, we have examined the record and find that contrary to appellant's assertion that he asked for a trial by jury, he specifically waived his right to a jury trial.

  6. York v. Miller

    310 S.E.2d 577 (Ga. Ct. App. 1983)   Cited 21 times

    [Cit.] And, an appeal with enumerations of error dependent upon consideration of evidence heard by the trial court, will — absent a transcript, be affirmed. [Cit.]" Curry v. State, 148 Ga. App. 59 ( 251 S.E.2d 86) (1978). It is the duty of the party asserting error to show it by the record.

  7. Tauber v. State

    308 S.E.2d 419 (Ga. Ct. App. 1983)   Cited 5 times

    In the absence of a transcript, we cannot consider an enumeration of error which is based on evidence heard by the trial court. Curry v. State, 148 Ga. App. 59 ( 251 S.E.2d 86) (1978). Thus, we affirm.

  8. Mattison v. Travelers Indem. Co.

    307 S.E.2d 39 (Ga. Ct. App. 1983)   Cited 6 times

    Since neither the statement itself nor an offer of proof as to its contents appears in the record here, we will presume that the trial court properly excluded it. See Brown v. Frachiseur, 247 Ga. 463 ( 277 S.E.2d 16) (1981); DePauw v. Kaiser Bro., 77 Ga. 176 (2) ( 3 S.E. 254) (1887); Curry v. State, 148 Ga. App. 59 ( 251 S.E.2d 86) (1978); see also Turner v. Watson, 139 Ga. App. 648 ( 229 S.E.2d 126) (1976). 2.

  9. Walker v. State

    294 S.E.2d 717 (Ga. Ct. App. 1982)   Cited 4 times

    [Cit.] And, an appeal with enumerations of error dependant upon consideration of evidence heard by the trial court, will — absent a transcript, be affirmed. [Cit.]." Curry v. State, 148 Ga. App. 59 ( 251 S.E.2d 86) (1978); Walker v. State, 153 Ga. App. 831 ( 266 S.E.2d 580) (1980). We have, however, examined the record carefully and find no errors of law.

  10. Cameron v. Cox

    291 S.E.2d 115 (Ga. Ct. App. 1982)

    See Willadsen v. Willadsen, 230 Ga. 607 ( 198 S.E.2d 318). We, therefore, assume the trial court's findings are supported by competent evidence and must affirm the judgment. Shoemake v. Chappell, 238 Ga. 621 ( 234 S.E.2d 531); Curry v. State, 148 Ga. App. 59 ( 251 S.E.2d 86); Marques v. Myers, 148 Ga. App. 881 ( 253 S.E.2d 262). 2.